HomeMy WebLinkAbout289716 INSIGHT PUBLIC SECTOR INC - PURCHASE ORDER - 9142498City of
�,.Fo_rt Collins
Date: 05/05/2014
Vendor: 289716
INSIGHT PUBLIC SECTOR INC
22721 E MISSION
LIBERTY LAKE WA 99019
PURCHASE ORDER
PO Number I Page
9142498 1of3
This number must appear
on all invoices, packing
slips and labels.
Ship To: MIS
CITY OF FORT COLLINS „
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 05/02/2014 Buver: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i RED HAT ENTERPRISE LINUX 1 LOT LS 4,438.38
Server Subscription Renewal
Standard subscription - up to 4 guests, 1-2 sockets.
QUANTITY: SIX (6)
COVERAGE DATES: 11/17/2014-09/23/2015.
PER LINE 1 OF INSIGHT QUOTE# 215643975 DATED 05/01/14.
PRICING PER STATE OF COLORADO WSCA SOFTWARE VAR CONTRACT.
2 RED HAT ENTERPRISE LINUX 1 LOT LS 2,605.74
Server Subscription Renewal
Standard subscription up to 4 guests, 1-2 sockets.
QUANTITY: THREE(3)
COVERAGE DATES: 09/24/2014-091212015.
PER LINE 2 OF INSIGHT QUOTE# 215643975 DATED 05/01/14.
PRICING PER STATE OF COLORADO WSCA SOFTWARE VAR CONTRACT.
3 RED HAT ENTERPRISE LINUX 1 LOT LS 761.69
Server Subscription Renewal
Standard Subscription - up to 1 guest, 1-2 sockets
QUANTITY: ONE (1)
COVERAGE DATES: 06/01/2014-09/23/2015.
PER LINE 3 OF INSIGHT QUOTE# 215643975 DATED 05/01/14.
PRICING PER STATE OF COLORADO WSCA SOFTWARE VAR CONTRACT.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
C117/ OfCollins 9142498 2 of 3
' `t ( �I This number must appear]
" on all invoices, packing
sli s and labels.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Total $7,805.81
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522.0580
Purchase Order Terms and Conditions
Page 3 of 3
1. COSIMERCUM,DETAILS.
Tax emin,wam. By samm the City of Fan Collins is exempt from state and local as, Our Exemption Number is 11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Cmifcare of Re,ow, 84-6000587 is registered with the Collector of Failure of the Purchaser In Lois, upon sme, performance of Nc kmts and conditions herec( failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 1 is (a). exercise any rights or remedies provided herein or bylaw, failure to promptly notify the Seller in the event of a
breach. the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped ar due m defects of any of the warranties or obligations of this purchase older and shall not be deemed a waiver army right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of ig rights or remedies as m any such goods, regardless
instructions from the City of Few Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
and much location or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection, GOODS are subject o the City of Fan Collins inspection on arrival. hereof.
Final Acceptance. Receipt of the merchandise, menices or equipment in response to this order can
result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
murmured payment on the pan of the City of Fall Collins, However, it is to be understood thatFINAL Seller and the Purchaser rmognae that in sowed or is practice, overcharges resulting from antifml
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. san a 'iolriorc in fact borne by the producer. Theretofore fiar mcd cause and as consideration for executing this
purchase older, the Seller hereby assigns to fe Purchase any and all claims it may now have at hereafter
Freighl Tema. Shipments mtm be F.O.B., City of Fort Collins, ]oo Wood St, Fall Collin, CO 80522, unless initiated under federal err sum moms, laws far such oveehargex relating to the particudsr goods in services
mherwise specified no Nis older. Unintentional is given to prepay freight cod charge sepcamly, the origin) freight purchased or acquired by the Purchase pursuant to this purchase older.
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution Paint to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary remain, cerifirmes and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of For Collins harmless Item and against all liability and loss
ed by them by reason of an asserted or established violation of any such laws, regulations, on inances, roles
incurred
ndrtrrmucromis
AuNariaation. All parties in this contract agree that the representatives are, in am Was ride and possess full and
Complete authority m bind said parries.
LIMITATION OF TERMS. This Purchase Older expressly limits acceptance W the terms and condiders stared
herein serf fold and any mpplemenmry or adddianl rums and conditions cme.ed Men or incorporated herein by
reference. Any additional or diRcrennerms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you carman make complete shipment t0 active an your
promised delivery date w noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hoot, No acts of the Purchasers including, without
limitation, acceptance ofpam al lam deliverirs, shall Prorate as a waiver of Nis provision, In the event orally delay,
,he Purchaser shall have, in addition to other Ic,al and equitable remedies, the option claiming this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes notreasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts oFGW, acts ofcivil or military authorities, gavemmental priorities, fires, audit, food, epidemic, wars m
das provided that notice of the condition causing such delay is given to the Purchase within five (5) days of the
time when the Seller fact received knowledge therrmE In the event of any such delay, the date of delivery shall be
extended for the period aqua[ a the time actually lost by mina of the delay.
3. WARRANTY.
The Sole warrants that all goods, articles, materials and work covered by fits Order will conform with applicable
drawings, specifications, samples scram other description given, will In, lot for the purposes intended, and
Performed with the highest degree of earn and competence in accordance with accepted standards for work Of a
similar nature. no Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Shces breach of warranly. no Seller shall replace, repair or make
good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Soler Pact the date of
acceptance of the goods famished hereunder wors,lance not to be unreasonably delayed), mulling from Imperfel
ar defective work done or materials famished by the Seller. Acceptance m use of goods by the Purchaser shall rat
continue a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend a all damages proximately ..it by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no wens include loss of profits m loss orose . NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the term,, inner than legal toms, including additions m or delelt... from
the quantities originally ordered in the specifications or drawings, by verbal of written change order. If any such
change affects the amount due or the time of performance hereunder, all quitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order terminate this agreement as to any or all portions of the
goods then not shipped, subject o any equitable adjustment between the parties as many work or materials New in
progress provided first the Porchiser shall not be liable for any claims for amicipmed profess on the uncompleted
Fallon of the goods and/or work, for incidents[ or conequendal damages, and that no such adjustment be made in
favor of the Seller with mp«t many goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller army of their obligations as to any goods delivered hereunder.
J. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is
ordered.
g. COMPLIANCE WITH LAW.
The Seller walrar s that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods m subject. The Seller shall execute and
deliver such documents as may be required m effect or evidence compliancecAll laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmdeas from all costs and damages suffered by the Purchaser is a result of the
Sellers failure in amply with such law.
9. ASSIGNMENT.
Neither party shall margin, aensfc. or convey this older, or any monies doe or to become due hereunder without the
prior written caused ofthe other pony.
10. TITLE.
no Sella waning full, clear and unmtricted title m the Purchaser for all equipment, materials, and item fi—hed
n performance of this agreement, free and clear of any and all hates, mtnetions, mutations, socunty intent
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe purchaser directs the Seller Io center nonconforming or defective goads by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereaaer indicates its inability or unwillingness m comply, the Purchaser
may cause the walk m be performed by the ..at expeditious mean available w it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and Ida contractors of any der from all liability and claims of any nature
rrmlling from the performance of such walk.
This release shall apply even in the evem of fault of negligence of the party released and shall extend to the
directors, ofccrs and cmpl.y m of such party.
The Shcch contractual obligations, including wammy, dull not be deemed to be reduced, in any any, because
such work is performed m caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by Ion«, pment, trademark
Or copyright, the Seller shall indemnify and save hcmins the Purchases from any and all claims for infringement
by reason of the we of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by rtason of such
infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to contiwm infringement and the use of
said equipment or pan is enjoined, me Seller shall, at its own expense and at its optic., either rumme for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Sella shall become insolvent or bandmp,, make an assignment for the benefir of creditors, appoint a
tourist, or trustee for any of the Sellers property or business. Nis order may foMwith be cancc[ed by the
Purchaser without liability.
16, GOVERNING LAW.
The definition ofterm used or the interpretation of the agreement and the rights ofall panics hereunder shall be
terminated under and governed by the laws afine State of Colorado, USA.
The following Additional Conditions apply only in whom the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on thecases
promises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work d Seller's own risk until the same is fully completed and accepted, and shall,
in c of any accident, dowmaction or injury to the work and/or materials before Settees final completion and
acceptance, complete the work at Seller's own expense and to file satisfaction of the Purchaser. When materials
and auipmrn, am famished by others for eamillutic n w interim by the Sella, the Seller shall mek, unload,
store and handle same at the site and become responsible therefor as though such materials nickel equipment
were being famished by the Seller under the older.
18. INSURANCE.
The Sell. shall, at his .....rase, provide for the payment of workers compersalim, including collpationl
disease benefits, to its employes' employed on or in c... scroll with the work covered by this purchase order.
andtor to their dependents in accordance with the laws of the since in which she work is to be done. The Sella
shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at leas, S300,000 for any one person, S500000 far any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cmificate
that such compensation and insurance have been provided. Such comficams shall specify the dam when such
compensation and insurance have been provided. Such cenificates shall specify the date when such complication
and insurance expire. The Seller agmes that Such c0ancess ion and mommuce shall he maintained until after the
[mire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the rnBar rapomibili y and liability I., any and all damn,, loss or injury army kind
or e whatsoever to persons or property caused by or mulling from the execution of the work provided for in
this purchase Order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any
r all of the Purchasers afters, age. and employees from and against tiny and all claims, losses, damages.
charges or expenses, whaha direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, emission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit m other
proceedings shall be brought against he Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or defaull of the Seller of any of his contractors many of its m
their offices, agents or employees as aforesaid, the Seller hereby agrow to assume the defense thereof and ,o
defend the same at doe Sellers own expense, to pay any and all costs, charges, attorneys fees and oNer expenses,
any and all judgments that may ha ineuned by or obtained against file Purchaser or any of its or their officers.
agents or employees in such suits or offer proceedings. and in war judgment or other Bob be placed upon or
obtained againl the property of the Purchaser, or said parties in or as a result of such suits or other proceedings.
the Seller will of mac come the same W be dissolved aM discharged by giving bood or otherwise. The Seiler and
his contractors shall take all safety precaution, famish and install all guards m«essory for the prevention of
deciding, comply with all laws and regulations with regard to safety including, but without limiation, the
Occupational Safety and Health Act of 1990 and all miss and regulations issued pursuant there,.
Revised 032010